You will recall, its been well over a year since I visited you at your office to request a copy of the required Section 7 Consultation to support the deliberate flooding initiative of Pocosin Lakes NWR and USFWS that continues to flood adjoining Private Agriculture Lands...

Unfortunately that request remains unfulfilled.

I'll remind you that a Section 7 is specifically required serving to authorize or deny any proposed action / habitat modification (flooding project) on what the service has long promoted to be ideal Red Wolf Habitat.

Given the Sweethome case and how that case now defines the "Harm" provision contained in the ESA... I'd submit criminal actions have likely occurred by FWS staff, leading to documented mortality (Illegal Take) of possibly as many as "90" Endangered Red Wolves.

With a previous Red Wolf Coordinator being a self acknowledged expert on both the Red Wolf, it's behavior and Hydrology, it's interesting when you examine how this degradation (flooding) of ideal habitat affected the "Animal Behavior".

Service documents reveal over 90% of all gunshot mortality occurred off federal refuge lands. This too is very problematic given the burden remains on the service to monitor and return offending wolves back to federal refuge lands identified as, ideal habit.

While acknowledging the Red Wolf is federally listed as merely Threatened when occupying private lands where the gunshots are said to have occurred, the Red Wolf is "Fully" Endangered where the actual crime (illegal habitat modification / flooding) likely occurred... back on federal refuge lands...

For the Service to hold an open house that could serve to jeopardize a criminal investigation may be ill advised...

In summary and given the facts, this illegal hydrology project proceeded forward and appears to have lacked the required ESA Construction Permit (Section 7). Further it seems gunshot was never a key driver of mortality, yet it was the disbursement of Red Wolves seeking high dry ground.

Mr. Phillips, what changed between October 28, 2008 and today, other than the Refuge Manager?

Mr. Phillips the issue here is not whether the action is "Natural"... the issue remains, it's highly illegal and runs afoul with the Endangered Species Act, resulting in 90 dead wolves.

The burden lies on the Service to "Fully" Consult byway of Section 7 Consultation prior to adversely modifying habitat.

This change in the Red Wolves behavior pattern results from the USFWS skirting its own rules and succeeding in adversely modifying ideal Red Wolf habitat resulting in impeding the wolves ability to: 1)Feed 2) Breed and 3) Shelter...

Certainly all can agree none of these activities occur under a "sheet-flow" of water thus the nexus...

Mr. Phillips, its time to remove the risers, open the gates and restore water flow back to the point it's no longer encroaching on hard working farming families who at the end of the day, only want to be a good neighbor...

As mentioned during our recent stakeholder meeting and in the meeting summary I sent on 6/16, we will be hosting open houses to solicit input on water management issues at the refuge. The dates and locations for those information sessions have now been determined - FWS will hold two open houses July 26 and 27 in Tyrrell and Hyde counties to gather input on the issues that local residents believe need to be addressed for the management of water on the refuge, including the Pungo Unit waterfowl area (see the first link below for specific locations and timing). As we've discussed, your prior input during stakeholder discussions is relevant to our planning and is being captured; however, this is an opportunity to participate and provide additional comments and perspective to this process if desired. Your input during stakeholder meetings, open houses, or via written comment card (attached to my 6/16 email to this group) is integral and will be considered as a draft plan is put together and shared for public review. Once final, the plan will guide water management and monitoring for the refuge for the next 15 years.

Feel free to contact me or Howard Phillips, refuge manager, if you have any questions about the planning process. Take care, Sara

Please provide documentation from the Refuge Manager and or the Field Supervisor to "reinitiate consultation" as prescribed in your Section 7 consultation below, as it appears USFWS field staff surpassed the stated incidental take threshold of two (2) Red Wolves by "Eradicating" Seven (7) entire Red Wolf "Litters".

With an average of 5 Nursing Pups per Red Wolf litter, this would total 35 Eradicated, Critically Endangered Red Wolf Pups due to Adaptive Management...

Additionally, please advise if you are aware of any Section 7 Consultation in the Services possession providing a biological opinion of Defenders of Wildlife's, heavy handed Adaptive Canid Control Scheme.